Pankaj Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27809 of 2024 Arising Out of PS. Case No.-567 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.

Pankaj Harijan son of Sri Dashrath Harijan Village- Narayan Singh Tola PsGopalpur Rangra OP Dist- Bhagalpur 2.

Thakur Harijan son of Late Lakhan Harijan Village- Narayan Singh Tola PsGopalpur Rangra OP Dist- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Gopalpur P.S. Case No. 567 of 2023 instituted for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 and 354 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of brutally assaulted the informant and his family members due to which they sustained injury. It is further alleged that the accused persons have also snatched the articles from

Patna High Court CR. MISC. No.27809 of 2024(2) dt.26-04-2024 2/3 informant's family members.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. He submitted that both parties are agnates and they are next door neighbour. There is no specific overt act against these petitioners. From the perusal of the injury report, the doctor opined that the injury sustained to the informant by these petitioners is simple in nature. Charge-sheet has been submitted in this case. Moreover, it is submitted that the other co-accused has already been granted bail by this Bench vide order dated 05.04.2024 passed in Cr. Misc. No. 25713 of 2024. The petitioners are in custody since 20.11.2023 and have no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, nature of injury as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.27809 of 2024(2) dt.26-04-2024 3/3 below/concerned Court in connection with Gopalpur P.S. Case No. 567 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T